Texas 2017 - 85th 1st C.S.

Texas House Bill HB181 Latest Draft

Bill / Introduced Version Filed 07/17/2017

                            85S10504 MM/TSR-D
 By: Guillen H.B. No. 181


 A BILL TO BE ENTITLED
 AN ACT
 relating to the salary and retirement benefits paid to certain
 teachers employed by or retired from public schools.
 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
 ARTICLE 1. CLASSROOM TEACHER SALARIES
 SECTION 1.01.  Section 21.402, Education Code, is amended by
 adding Subsections (c-2), (c-3), and (d) and amending Subsection
 (g) to read as follows:
 (c-2)  Notwithstanding Subsection (a), for the 2017-2018
 school year, a classroom teacher is entitled to a monthly salary
 that is at least equal to the sum of:
 (1)  the monthly salary the teacher would have received
 for the 2017-2018 school year under the district's salary schedule
 for the 2016-2017 school year, if that schedule had been in effect
 for the 2017-2018 school year, including any local supplement and
 any money representing a career ladder supplement the teacher would
 have received in the 2017-2018 school year; and
 (2)  $100.
 (c-3)  Subsection (c-2) and this subsection expire September
 1, 2018.
 (d)  A classroom teacher employed by a school district in the
 2017-2018 school year is, as long as the teacher is employed by the
 same district, entitled to a salary that is at least equal to the
 salary the teacher received for the 2017-2018 school year.
 (g)  The commissioner may adopt rules to govern the
 application of this section, including rules that:
 (1)  require the payment of a minimum salary under this
 section to a person employed in more than one capacity for which a
 minimum salary is provided and whose combined employment in those
 capacities constitutes full-time employment; and
 (2)  specify the credentials a person must hold to be
 considered a [speech pathologist or] school nurse under this
 section.
 SECTION 1.02.  Section 42.2513(a), Education Code, is
 amended to read as follows:
 (a)  A school district, including a school district that is
 otherwise ineligible for state aid under this chapter, is entitled
 to state aid in an amount equal to the sum of:
 (1)  the product of $500 multiplied by the number of
 full-time district employees, other than administrators or
 employees subject to the minimum salary schedule under Section
 21.402; [and]
 (2)  the product of $1,000 multiplied by the number of
 classroom teachers employed by the district; and
 (3)  the product of $250 multiplied by the number of
 part-time district employees, other than administrators.
 SECTION 1.03.  Section 21.402(c-1), Education Code, is
 repealed.
 SECTION 1.04.  This article applies beginning with the
 2017-2018 school year.
 ARTICLE 2. TEACHER RETIREMENT SYSTEM COST-OF-LIVING ADJUSTMENT
 SECTION 2.01.  Subchapter H, Chapter 824, Government Code,
 is amended by adding Section 824.703 to read as follows:
 Sec. 824.703.  ADDITIONAL COST-OF-LIVING ADJUSTMENT. (a)
 Notwithstanding Section 824.702, the retirement system shall make a
 one-time cost-of-living adjustment of $1,000 payable to annuitants
 receiving a monthly death or retirement benefit annuity, as
 provided by this section.
 (b)  Subject to Subsections (c) and (d), to be eligible for
 the adjustment, a person must be, on the effective date of the
 adjustment and disregarding any forfeiture of benefits under
 Section 824.601, an annuitant eligible to receive:
 (1)  a standard service or disability retirement
 annuity payment;
 (2)  an optional service or disability retirement
 annuity payment as either a retiree or beneficiary;
 (3)  an annuity payment under Section 824.402(a)(3) or
 (4);
 (4)  an annuity payment under Section 824.502; or
 (5)  an alternate payee annuity payment under Section
 804.005.
 (c)  If the annuitant:
 (1)  is a retiree or is a beneficiary under an optional
 retirement payment plan, to be eligible for the adjustment under
 this section:
 (A)  the annuitant must be living on the effective
 date of the adjustment; and
 (B)  the effective date of the retirement of the
 member of the retirement system must have been after August 31,
 2004, and on or before June 30, 2017;
 (2)  is a beneficiary under Section 824.402(a)(3) or
 (4) or 824.502, to be eligible for the adjustment:
 (A)  the annuitant must be living on the effective
 date of the adjustment; and
 (B)  the date of death of the member of the
 retirement system must have been after August 31, 2004, and on or
 before June 30, 2017; or
 (3)  is an alternate payee under Section 804.005, the
 annuitant is eligible for the adjustment only if the effective date
 of the election to receive the annuity payment was after August 31,
 2004, and on or before June 30, 2017.
 (d)  An adjustment made under this section does not apply to
 payments under:
 (1)  Section 824.203(d), relating to retirees who
 receive a standard service retirement annuity in an amount fixed by
 statute;
 (2)  Section 824.304(a), relating to disability
 retirees with less than 10 years of service credit;
 (3)  Section 824.304(b)(2), relating to disability
 retirees who receive a disability annuity in an amount fixed by
 statute;
 (4)  Section 824.404(a), relating to active member
 survivor beneficiaries who receive a survivor annuity in an amount
 fixed by statute;
 (5)  Section 824.501(a), relating to retiree survivor
 beneficiaries who receive a survivor annuity in an amount fixed by
 statute; or
 (6)  Section 824.804(b), relating to participants in
 the deferred retirement option plan with regard to payments from
 their deferred retirement option plan accounts.
 (e)  An adjustment under this section must be made beginning
 with an annuity payable for the month of December 2017.
 (f)  The board of trustees shall:
 (1)  recompute the amount of a benefit paid monthly
 under this chapter by applying the $1,000 adjustment to the monthly
 amount otherwise required to be paid as determined in accordance
 with the other applicable provisions of this chapter; and
 (2)  determine the eligibility for and the amount of
 any adjustment in monthly annuities in accordance with this
 section.
 ARTICLE 3.  EFFECTIVE DATE
 SECTION 3.01.  This Act takes effect immediately if it
 receives a vote of two-thirds of all the members elected to each
 house, as provided by Section 39, Article III, Texas Constitution.
 If this Act does not receive the vote necessary for immediate
 effect, this Act takes effect on the 91st day after the last day of
 the legislative session.